Zachary Kinsey v. the State of Texas
CourtTexas Court of Appeals, 3rd District (Austin)
Date FiledAugust 25, 2026
Docket03-25-00573-CR
StatusPublished
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Full Opinion
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-25-00573-CR
Zachary Kinsey, Appellant
v.
The State of Texas, Appellee
FROM THE 207TH DISTRICT COURT OF HAYS COUNTY
NO. CR-24-0893-B, THE HONORABLE TRACIE WRIGHT-RENEAU, JUDGE PRESIDING
ORDER AND MEMORANDUM OPINION
PER CURIAM
Appellant was convicted of felony stalking and felony violation of a protective
order. See Tex. Penal Code §§ 25.072, 42.072. After reviewing appellant’s brief filed by
appointed counsel and the State’s response, we have construed it as no brief filed. The brief does
not contain a statement of facts and the argument section appears to raise two issues not related
to this case based on our review of the record. Further, the certificate of service does not include
appellant’s correct name or address. Although, appellant’s counsel was granted leave to file an
amended brief, no additional filings have been received and the deadline has passed. Further,
appointed counsel is now listed as inactive with the State Bar of Texas. In order to appropriately
ensure that appellant’s rights are protected, we abate this case and remand it to the trial court to
appoint new appellate counsel and take any additional action the trial court deems appropriate.
See Tex. R. App. Proc. 38.8(b)(4).
We order the trial court to hold a hearing within thirty days of this order and to
file a supplemental reporter’s record with this court within thirty days of the hearing. Substitute
counsel’s brief will be due sixty days after the date of appointment.
It is so ordered August 25, 2026.
Before Chief Justice Byrne, Justices Theofanis and Crump
Abated and Remanded
Filed: August 25, 2026
Do Not Publish
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